Bill Text: TX HB23 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to a permit requirement and the payment by a utility of a fee for the use of state highway rights-of-way.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-06-17 - Referred to Appropriations [HB23 Detail]
Download: Texas-2013-HB23-Introduced.html
| 83S10117 JTS-F | ||
| By: Pickett | H.B. No. 23 | |
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| relating to a permit requirement and the payment by a utility of a | ||
| fee for the use of state highway rights-of-way. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 203, Transportation Code, | ||
| is amended by adding Section 203.0911 to read as follows: | ||
| Sec. 203.0911. PERMIT AND FEE FOR USE OF RIGHT-OF-WAY. (a) | ||
| Notwithstanding any other law, including Chapter 181, Utilities | ||
| Code, Chapter 552, Local Government Code, Chapter 49, Water Code, | ||
| and Chapter 111, Natural Resources Code, and except as provided by | ||
| Subsection (c), the department may require a person, including a | ||
| governmental or private entity, to obtain a permit and pay a fee as | ||
| a condition of using any part of a state highway right-of-way for | ||
| the construction, maintenance, or operation of a utility facility. | ||
| (b) The commission shall establish permit fees to be imposed | ||
| by the department under this section. The fees may be used only for | ||
| the maintenance of state highways. | ||
| (c) The department may not require the payment of a fee | ||
| under this section from: | ||
| (1) a person who has a property interest in the land | ||
| occupied by the utility facility to be constructed, maintained, or | ||
| operated; or | ||
| (2) a municipality. | ||
| SECTION 2. The heading to Subchapter E, Chapter 203, | ||
| Transportation Code, is amended to read as follows: | ||
| SUBCHAPTER E. [ |
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| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
